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NY N013051




June 29, 2007

CLA-2-36:RR:NC:2:237

CATEGORY: CLASSIFICATION

TARIFF NO.: 3604.90.0000

Ms. Joann Hobbs
JA-RU, Inc.
4030 Phillips Highway
Jacksonville, Florida 32207

RE:     Tariff classification of pyrotechnic toy ring caps for toy pistols from China.

Dear Ms. Hobbs:

In your letter dated June 12, 2007, you requested a tariff classification ruling. Your sample is being returned.

Item No. 907 Super Bang Ring Caps (160 Shots with Cap Covers) consists of 20 circular plastic rings that each contain 8 cap shots for quick-loading toy pistols. Each cap contains less than 0.20 grains of a pyrotechnic composition designed to produce limited luminous and acoustic effects. The pyrotechnic preparation consists of potassium chlorate, red phosphorous sand and glue. The ring caps are blister packed on a printed paperboard card that lists Ring Cap Safety Rules and Warning Not for Children Under 3 Years. The card measures 9 inches long by 6 inches wide and is intended for retail sale.

The applicable subheading for the carded ring caps will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pyrotechnic articles (including pyrotechnic toys). The rate of duty will be 6.5 percent ad valorem.   

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your product may be subject to the laws and regulations of the Consumer Product Safety Act. Import compliance information may be obtained by contacting the U.S. Consumer Product Safety Commission at 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7912, or email: sect15@cpsc.gov.    This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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